Apply Inland after IEC expire keep working and now AIP refuse

[oh101]

Hello there

I have one of my friend who are apply Family class sponsorship inland on September last year.

She came to Canada under IEC work permit (Also known as : Working Holiday Visa)
After she live with her boyfriend for a year she submitted a PR application with the OWP application to Vegreville.

Soon after her IEC work permit expired she keep working because she thought she has a implied status. (She told me that she found this topic about implied status on British expats forum)

Year later
She received letter from case officer from CIC that she is working illegally and your file will be transfer without AIP and in the letter in the stating that

"your current work permit obtained through IEC cannot be extended, nor can you apply beyond the validity period originally authorized as per your letter of Introduction. The work permit implied status not apply to you "

And case officer write off this case from Vegreville and transfer this case to local immigration office with out AIP.

and I help her called to local CIC (Because she is very stressed now)
and they told me that she have to wait about 2-3 year to be process.


So now I just wondering is there anyway to get off this situation for my friend?
Can she just withdrawn her application and re-apply outland via london?

Any advise will be appreciated.

 

[frege]

Hello there

I have one of my friend who are apply Family class sponsorship inland on September last year.

She came to Canada under IEC work permit (Also known as : Working Holiday Visa)
After she live with her boyfriend for a year she submitted a PR application with the OWP application to Vegreville.

Soon after her IEC work permit expired she keep working because she thought she have a implied status. (She told me that she found this topic about implied status on British expats forum)

Year later
She received letter from case officer from CIC that she is working illegally and your file will be transfer without AIP and in the letter in the stating that

"your current work permit obtained through IEC cannot be extended, nor can you apply beyond the validity period originally authorized as per your letter of Introduction. The work permit implied status not apply to you "

And case officer write off this case from Vegreville and transfer this case to local immigration office with out AIP.

and I help her called to local CIC (Because she is very stressed now)
and they told me that she have to wait about 2-3 year to be process.


So now I just wondering is there anyway to get off this situation for my friend?
Can she just withdrawn her application and re-apply outland via london?

Any advise will be appreciated.

I'd like to emphasize that I'm not an expert, so please take my advice with that in mind.

They're probably investigating whether she's inadmissible to Canada for non-compliance with immigration rules. This might prevent her from becoming a PR though the inland process.

Inadmissibility for non-compliance ends when you leave Canada. However, the situation could become more serious if some kind of enforcement action is taken against her. So she could:

- try to leave Canada and re-enter, by convincing a sympathetic border officer that it was a good-faith mistake and it won't happen again.

- leave Canada and apply outland.

Probably in this situation, she should speak to an immigration lawyer as soon as possible.

Needless to say, she should stop working immediately.

 

[Sweden]

Hey there,

It's a very common mistake to work under implied status with IEC, and it's often difficult to convince people that they should NOT do it... sorry to hear about your friend, it's a hard situation to be in.
She can do a few things:
*wait for the inland PR to come through, not sure how long would that be, but STOP working ( I suppose she already has!).
*withdraw the current application and apply through London - that's probably faster. If she has lived with her partner for at least 1 year, or maybe 2 now, her case should be pretty straightforward. They will look at her case with a previous Inland PR, so she should make sure that she explains why she chose to withdraw her application. However, I'm not sure how she can legally stay in Canada, because as soon as she withdraws her application, she won't have implied status anymore... she should probably go out of the country, and come back in as a tourist, but if CBSA has been advised that she was working illegally, she might not be let into the country again. She should check whether there is a deportation order or something like this.
*keep the current inland application AND apply outland at the same time. She is allowed to have both running at the same time (not many people do it, but a few on the forums have done it). It would help with maintaining her status ( as I think that she is still legally allowed to be in Canada even without AIP - but that would need to be confirmed by somebody more experienced), and she would probably get a faster processing via London.

I would advise her to get a consultation with a lawyer, to make sure that her working illegally has not triggered any action from CBSA that would complicate the matter further. If there is an action, she might have to go out of Canada - which will effectively make her Inland application void, as she won't be in Canada anymore - and stay outside of Canada while applying outland. Not ideal, of course, but it might be the fastest and safest option in the long term. Also - if there is deportation order for her, she should leave before if possible, and make sure that she registers at the airport as having left the country (it's not automatic).

Good luck,
Sweden

 

[frege]

Hey there,

It's a very common mistake to work under implied status with IEC, and it's often difficult to convince people that they should NOT do it... sorry to hear about your friend, it's a hard situation to be in.
She can do a few things:
*wait for the inland PR to come through, not sure how long would that be, but STOP working ( I suppose she already has!).
*withdraw the current application and apply through London - that's probably faster. If she has lived with her partner for at least 1 year, or maybe 2 now, her case should be pretty straightforward. They will look at her case with a previous Inland PR, so she should make sure that she explains why she chose to withdraw her application. However, I'm not sure how she can legally stay in Canada, because as soon as she withdraws her application, she won't have implied status anymore... she should probably go out of the country, and come back in as a tourist, but if CBSA has been advised that she was working illegally, she might not be let into the country again. She should check whether there is a deportation order or something like this.
*keep the current inland application AND apply outland at the same time. She is allowed to have both running at the same time (not many people do it, but a few on the forums have done it). It would help with maintaining her status ( as I think that she is still legally allowed to be in Canada even without AIP - but that would need to be confirmed by somebody more experienced), and she would probably get a faster processing via London.

I would advise her to get a consultation with a lawyer, to make sure that her working illegally has not triggered any action from CBSA that would complicate the matter further. If there is an action, she might have to go out of Canada - which will effectively make her Inland application void, as she won't be in Canada anymore - and stay outside of Canada while applying outland. Not ideal, of course, but it might be the fastest and safest option in the long term. Also - if there is deportation order for her, she should leave before if possible, and make sure that she registers at the airport as having left the country (it's not automatic).

Good luck,
Sweden

If she remains in Canada, I'm not sure she'll necessarily be allowed to apply outland either. The inadmissibility for non-compliance, if CIC determines that that has happened, will continue to exist until she leaves.

Unless someone can say with certainty that this is not the case, I would also recommend speaking to a lawyer before applying outland.

 

[Jamesdavid3]

I don't understand this, I know people who are still working when their IEC expired and they already applied for the OWP and the In-Land PR and they are having no issues...

So 1 year Letter she received a letter from the CIC stating she had been working illegally. How would the CIC even know she would be still working??

Even so if its 1 year later she would have already passed the 6 month 1st stage so she should have gotten her Work Permit already so she would have been allowed to work regardless...

This doesn't make sense if she applied for a OWP and Inland PR in September, she should have already passed the 1st stage and received her OWP...

Notes from my Lawyer.
"More important, even if you don't get the open work permit before the expiry of your current IEC visa, you would be able to continue to work legally. There is a provision of the Immigration and Refugee Protection Act that says explicitly that anyone who has applied for a new work permit before the expiry of their current work permit is allowed to continue working until a decision has been made about their application for a new work permit. This is called "implied status." Because you had submitted an open work permit application with your sponsorship application, you would have implied status as a worker after the expiry of your current IEC visa."

 

[Rob_TO]

I don't understand this, I know people who are still working when their IEC expired and they already applied for the OWP and the In-Land PR and they are having no issues...

The people you know were actually working illegally. The difference is, they weren't caught.

So 1 year Letter she received a letter from the CIC stating she had been working illegally. How would the CIC even know she would be still working??

If they continued to use SIN with the CRA after expiry... then the CIC may have been told.

Even so if its 1 year later she would have already passed the 6 month 1st stage so she should have gotten her Work Permit already so she would have been allowed to work regardless...

This doesn't make sense if she applied for a OWP and Inland PR in September, she should have already passed the 1st stage and received her OWP...

First stage these days is actually taking 9-10 months... and sometimes over 1 year. They were never approved stage 1 and never got open work permit.

Hopefully if anything, this thread can be used as more proof that extending IEC work permit is not possible so there is no implied work status here under inland. Anyone who does continue to work with expired IEC may get away with it, and many do, but they are taking a huge risk in case they are one of the few that is caught.

 

[scylla]

I don't understand this, I know people who are still working when their IEC expired and they already applied for the OWP and the In-Land PR and they are having no issues...

They are/were lucky and haven't been caught. Or CIC decided not to take action against them. No matter what your lawyer says, there is no implied status. For some strange reason this is a huge misconception - even among professionals.

 

[Jamesdavid3]

Message from my Lawyer,

From my Laywer, I rest my case....

I have spent the last half hour or more on the telephone with an agent at the CIC call centre. I explained to her the problem I am having trying to advise my clients in the circumstance that there seems to be no clear statement anywhere about whether someone in your position would have implied status to continue working after the expiry of your IEC permit and until you receive the open work permit submitted with your in-Canada sponsorship application.

First she said you would have implied status, then she read further and said you wouldn't have implied status.

I then explained the circumstances of my client who received the letter (which I sent you) telling him he will have implied status to continue working after the expiry of his IEC permit and until he receives the open work permit submitted with his in-Canada sponsorship application. As his representative, I was able to refer her to his file on her computer, including the letter telling him that he will have implied status. She read the letter and then told me that she would have to consult a more senior authority, and put me on hold.

It took only a few minutes for her to come back with the answer that the officer who wrote the letter to my client is correct. For you the implication is clear: If you submit an open-work permit application with an in-Canada spousal sponsorship/PR application before the expiry of your currently valid IEC permit, you will have implied status to continue working until your PR application has been "approved in principle" and your new open work permit is issued.

The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status.

 

[QuebecOkie]

I would personally question my lawyer's competence if his way of answering questions about my status or eligibility to work is to simply dial the call centre. I've called several times, and it seems each representative has a different answer on the same issues. The call centre, in my mind/experience, is NOT a consistently dependable source for reliable information.

 

[zardoz]

Hmm...

A case officer (the person with the power to actually make decisions) says it's illegal working,
OR
A call centre operator (who has no decision making authority) says it's OK.

I know who I'd be going with, lawyer or no lawyer....

 

[oh101]

I don't understand this, I know people who are still working when their IEC expired and they already applied for the OWP and the In-Land PR and they are having no issues...

So 1 year Letter she received a letter from the CIC stating she had been working illegally. How would the CIC even know she would be still working??

Even so if its 1 year later she would have already passed the 6 month 1st stage so she should have gotten her Work Permit already so she would have been allowed to work regardless...

This doesn't make sense if she applied for a OWP and Inland PR in September, she should have already passed the 1st stage and received her OWP...

Notes from my Lawyer.
"More important, even if you don't get the open work permit before the expiry of your current IEC visa, you would be able to continue to work legally. There is a provision of the Immigration and Refugee Protection Act that says explicitly that anyone who has applied for a new work permit before the expiry of their current work permit is allowed to continue working until a decision has been made about their application for a new work permit. This is called "implied status." Because you had submitted an open work permit application with your sponsorship application, you would have implied status as a worker after the expiry of your current IEC visa."

She never passed the first stage. They sent the letter to her saying that they will transfer the case without the AIP (Approved in principle) to the local immigration office and OWP has been denied.

She make a query to vegreville why her visa doesn't approve in principle.
They explained in letter she has not comply with the immigration rules and she is not eligible for the AIP so they sent this case to local immigration for further processing.

later she order CAIPS/GCMS Note and discover that they are suspect that she has been working without authorization.

Call back to call centre demand them to explain how come she has been working without authorization since she has a implied status. Which is Call centre agreed if you apply OWP and you extend it you should have a implied status and can keep working if you holding the same job. Call centre agent put to note on the file and forward this question to case officer.

Few week later
Letter came from CIC wrote something like (Can't remember the exact word)

"your current work permit obtained through IEC cannot be extended, nor can you apply beyond the validity period originally authorized as per your letter of Introduction. The work permit implied status not apply to you "

In the letter also explain that when you apply a IEC you were sign a applicant declaration on the application for letter of introduction

"I acknowledge that I am fully responsible for covering any medical expenses I may incur during my stay in Canada as a result of injury or illness and I am not eligible to extend my work permit at a later date."

"The work permit obtained through International Experience Canada is not valid beyond the expiry date printed on it.

If you wish to stay in Canada as a tourist once your work permit expires, visit the Citizenship and Immigration Canada website or call (within Canada) 1 (888) 242-2100 to check the requirements for changing your status from a worker to a visitor. You should make your inquiries while your permit is still valid."



So as I understand is
When your IEC permit expired If you lodge a inland PR with OWP. It's mean that you are requesting new OWP not extend you permit since the IEC permit can not be extend. So in the mean time of processing you are not eligible of OWP implied status but you are Visitor implied status. You can live in Canada legally but not work.


CIC not made is clear to the public about this matter.
At least they should publish something to made it clear. But IEC is a temporary visitor they may think that when the permit is expire most of the people will go home so doesn't need to publish for clarification.
(Save money. Budget cut from Mr.Harper **Make me think of Mr.Alan Harper from two and a half man)

 

[oh101]

And one more thing about CIC called centre in Canada.
I just discovered.

They doesn't know much about IEC.
The reason is
IEC is under agreement of Department of Foreign Affairs, Trade and Development Canada. They are the one who made a rules and process your application (LOI : Letter of introduction)

CIC job is only screening that you are admissible to Canada.
That while they have 2 stage processing by 2 different agency

Most of CIC call centre they don't have much detail about IEC work petmit and most of them are thought IEC work permit is same as OWP but only thing different is not extendable.

But If you call to Department of Foreign Affairs office whom issued your LOI. They will tell you that this is not extendable. When it expired change to visitor or go home.

 

[Jamesdavid3]

At any Stage you are NOT extending your Work Permit you are applying for a new one, this alone should give you Implied Status to continue and work for the same employer if you applied before you're current IEC expired.

 

[oh101]

To : Jamesdavid3


Do you think that your lawyer can help my friend case?

 

[Rob_TO]

At any Stage you are NOT extending your Work Permit you are applying for a new one, this alone should give you Implied Status to continue and work for the same employer if you applied before you're current IEC expired.

Then why were people such as the OPs friend, told they were working illegally after CIC analysed their case??

And as per your lawyers direct quote:

The call centre agent told me that as a result of my query, there will be a change in the wording of CIC's statement that holders of IEC open work permits do not benefit from implied status.

So obviously it is a fact that IEC permits do not benefit from implied status, but it's the wording that is confusing so will be changed.